Lyles v. City of New York et al, No. 1:2009cv00895 - Document 19 (S.D.N.Y. 2009)
Court Description: OPINION:#98292 According to Lyles, the weapon which was the subject of the preliminary charges against all five participants was located inside the sock of Gaines who at the time of the arrest was in a private office on the premises where the arrest took place. The incident giving rise to this action took place outside the building. The subpoena is limited to documents related to Gaines' arrest on March 1, 2008. In light of the conclusions set forth within, plaintiff's motion to enforce a subpoena pursuant to Rule 45(c)(2)(B)(i) F.R. Crim is granted and the DANY is directed to produce the file requested So Ordered. (Signed by Judge Robert W. Sweet on 11/25/09) (js) Modified on 12/1/2009 (eef).
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UNITED STATES D I S T R I C T COURT SOUTHERN D I S T R I C T O F NEW YORK TERRY LYLES, Plaintiff, 09 Civ. 895 OPINION C I T Y O F NEW YORK, POLICE OFFICER ANGEL BURGOS, JOHN DOE # 1 , JOHN DOE # 2 , JOHN DOE # 3 , a n d JOHN DOE # 4 , Defendants. DOCUMENT w ELECTRONICmLY FILED A P P E A R A N C E S : DATE FILED: A t t o r n e y s for P l a i n t i f f S I E G L E & SIMS L . L . P . 217 Broadway, S u i t e 6 1 1 New Y o r k , NY 1 0 0 0 7 By: E r i c Siegle, E s q . A t t o r n e y s for D e f e n d a n t s ROBERT M. MORGENTHAU D i s t r i c t A t t o r n e y , New Y o r k C o u n t y 1 Hogan P l a c e New Y o r k , NY 1 0 0 1 3 By: C y n t h i a M. S i t t n i c k , E s q . Sweet, D . J . The "Plaintiff"), Rule plaintiff, Terry Lyles ("Lyles" or the has moved to enforce a subpoena pursuant to 45 (c)(2)(B) (i), Fed. R. Crim. P., directed to the District Attorney of New York County ("DANY") relating to the file relating to the arrest and prosecution of Regina Gaines ("Gaines"). Upon the conclusions set forth below, the motion is granted and the DANY directed to produce the file requested. Prior Proceedings Lyles commenced this action for injuries suffered as a result of his false arrest, imprisonment and malicious prosecution on March 1, 2008. The subpoena seeking the Gaines file was so ordered on June 19, 2009 and served on June 23, 2009. The instant motion submitted on August 26, 2009. was heard and marked fully Facts Lyles, Gaines, Troy Screen, and Andrew Campbell, Antonio Allegue were arrested on March 1, 2008. The charges have been dismissed. According subject of the to Lyles, preliminary the weapon charges which against was all the five participants was located inside the sock of Gaines who at the time of the arrest was in a private office on the premises where the arrest took place. The incident giving rise to this action took place outside the building. The subpoena is limited to documents related to Gaines' arrest on March 1, 2008. Section 1 6 0 . 5 0 Does Not B a r Production According to DANY, production of the documents is barred by Criminal Procedure Law 5 160.50 as a consequence of their sealing pursuant to that section. However, as set forth in Haus v. City of New York, No. 03-CV-4915, 2006 WL 3375395 at *2, state law has been rejected as a basis to block discovery in an action such as this one, where plaintiffs are asserting federal claims. The Documents Are Relevant And Specified The subpoena is appropriately limited in scope and date and is relevant to the issues raised by Lyles and will be limited to the use by counsel to Lyles in connection only with this action. Hickman v. Taylor Is Not Implicated Documents subject to the work product privilege of a non-party in the proceeding against Gaines are not work product in this action against Lyles. Polycast Technology Corp. v. uniroyal, Inc., No. 87-CV-3297, 1990 WL 138968, at *I-2 (S.D.N.Y. Sept. 20, 1990). In light of the conclusions Plaintiff's motion is granted. It is so ordered. set forth above, OBERT W . SWEET
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